Radiculopathy & sciatica decisions — 2021

Service connection is granted for Charcot-Marie-Tooth disease, axonal polyneuropathy and radiculopathy of the right lower extremity, and axonal polyneuropathy and radiculopathy of the left lower extremity.,An effective date earlier than January 6, 2012 is denied for service connection for bilateral pes cavus with hallux valgus and metatarsalgia of both feet, degenerative arthritis of both feet, and bilateral weak feet.

The Veteran's low back condition resulted in a combined range of motion of 230 degrees prior to December 5, 2013. From that date, the Veteran's functional impairment limited his forward flexion to 30 degrees or less.,The Veteran is entitled to an initial rating of 40 percent for radiculopathy of the right lower extremity sciatic nerve and a separate rating of 40 percent for radiculopathy of the left lower extremity sciatic nerve.

The Veteran's appeal is remanded for further examination and rating considerations due to the need for clarification of his service-connected bilateral lower extremity radiculopathy.

The Veteran's service-connected disabilities did not preclude him from obtaining and maintaining substantially gainful employment prior to December 8, 2018. Therefore, the claim for TDIU is denied.

The Veteran's claims for increased ratings were denied as the evidence did not support higher disability ratings for his radiculopathy of the femoral nerves and degenerative joint disease of the lumbar spine with IVDS.

The Veteran's service-connected disabilities, including a pulmonary nodule and multiple lower extremity radiculopathies, have rendered him unable to secure and follow a substantially gainful occupation since October 3, 2017. His TDIU claim is granted.

The Board denied higher ratings for IVDD of the lumbar spine, LLE radiculopathy, and RLE peripheral neuropathy. The Veteran's conditions were found not to meet criteria for a higher rating based on ankylosis or other specific findings.

For the period on appeal prior to March 4, 2011, a rating in excess of 20 percent for right lower extremity sciatic radiculopathy is denied.,For the period on appeal prior to October 30, 2014, a rating in excess of 20 percent for left lower extremity sciatic radiculopathy is denied.

The Board has remanded the claims for service connection for low back disability, cervical spine disability (including as secondary to a low back disability), left lower extremity radiculopathy, and right lower extremity radiculopathy due to conflicting medical opinions regarding their onset and relationship to service.

The Board has determined that the Veteran did not meet the schedular criteria for a TDIU prior to March 31, 2018 and there is insufficient evidence to substantiate a reasonable possibility that he was unemployable by reason of his service-connected disabilities.

The Veteran's claim for a separate 10 percent disability rating for left lower extremity radiculopathy, associated with lumbosacral strain, is granted effective November 5, 2011.

The Board has granted the Veteran's requests to reopen his claims for service connection for asthma, sinusitis, avascular necrosis of the right hip, avascular necrosis of the left hip, cellulitis, bilateral feet, bilateral pes planus (also claimed as tendonitis), radiculopathy, and right shoulder torn muscle. The Board has also remanded these reopened claims to obtain additional medical evidence and provide a VA examination.

The Veteran's claims for earlier effective dates and increased ratings are denied. The Board finds that the evidence supports a 100% rating from September 25, 2015, but no earlier. The Veteran's TBI, lower back disability, and wrist conditions are remanded for further development.

The Board has determined that the claims for increased ratings and TDIU are inextricably intertwined with the Veteran's claims for SSA records and private treatment records. The case is therefore being remanded to obtain these records.

The Board has remanded the Veteran's claims for service connection for erectile dysfunction and urethra condition, right hip condition, and right lower extremity sciatica due to insufficient evidence in the record.

The Veteran's service-connected disabilities have rendered her in need of aid and attendance, housebound, and eligible for specially adapted housing. The appeal regarding a special home adaptation grant is dismissed as moot.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing an addendum opinion regarding whether the Veteran's left leg radiculopathy is proximately due to or aggravated by his service-connected lumbosacral strain.

The Veteran's claims for higher ratings for cervical radiculopathy and left shoulder disorder were denied. The Board found that the current assigned ratings adequately reflected the severity of his disabilities.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, and his failure to complete the required VA Form 21-8940 prevented the Board from determining his employability.

The Board dismissed the Veteran's claims for service connection for various types of peripheral neuropathy in all extremities, as these conditions were already granted effective August 1, 2014.